Immigration Visa Attorney Blog

Section 245(k) is a provision in the Immigration and Nationality Act (INA) that assists some immigrants in gaining permanent residence even though they may have violated the terms of their status. The specific section is geared towards employment based immigrants who seek to obtain their green card while still remaining in the United States. While, there are legal bars that can keep an immigrant from adjusting their status due to certain violations, Section 245(k) provides with an opportunity for relief.

USCIS released The Neufeld Memorandum on INA 245(K) on July 14, 2008. The intent of the memo was to offer guidance and policy clarification for the USCIS personnel who are responsible for reviewing various immigration applications and to offer further explanation regarding who can make use of section 245(k) when applying for an adjustment of status.

Continue reading "Columbus Immigration Attorney Explains INA Section 245(k) " »

Advocates of immigration are hailing an announcement last month that the U.S.
Immigration and Customs Enforcement (ICE) has ceased seeking deportation for
foreign nationals eligible for green cards.

The announcement was made by John Morton, the assistant secretary for ICE.
Morton added that the agency would drop existing deportation proceedings
against anyone eligible under this new guideline.

Morton wrote in an Aug. 20 memo that in situations where there is "an
underlying application or petition" and ICE determines "a non-detained
individual appears eligible for relief from removal, [its attorneys] should
promptly move to dismiss proceedings." ICE lawyers are being told to move
towards dismissal in situations where the immigrant does not have a criminal
record and is likely to receive a green card.

According to the Miami Herald, those impacted by the change in policy "are
possibly tens of thousands who are married to a U.S. citizen or a legal
resident who has filed a petition for them."

Advocates for immigration believe this is better use of ICE's time and
budget. Cheryl Little, executive director of the Florida Immigrant Advocacy
Center told USA Today that "Targeting those who intend to do harm while
expediting the cases of law-abiding immigrants is the best use of ICE's
precious resources and will save taxpayers money."

Indeed, ICEs press secretary emphasized to the Herald that the agency is
"committed to smart, effective immigration reform, prioritizing the arrest
and removal of criminal aliens and those who pose a danger to national
security,''

The overwhelming reason for the policy change is to deal with what Morton
called "major inefficiency." The New York Times reported that 17,000 cases
could be eliminated from the immigration court dockets if ICE dismissed cases
of immigrants like those married to U.S. citizens. Currently the wait for
hearings in immigration court begun by an ICE deportation case is 459 days.

Continue reading "Columbus Immigration Attorney Comments On Commonsense Deportation Policy " »

The Specific Vocational Preparation (SVP) system plays a critical part in PERM Labor Certification and is the basis by which DOL may challenge an excessive job requirement by the employer in PERM Labor Certification filings. It is critical to gain a full understanding of the PERM certification in order to understand PERM Labor Certification filing.

SVP is a job grouping system is used by the U.S. Department of Labor in order to regulate and clarify occupational requirements. SVP is found in the Dictionary of Occupational Titles. Over time, the Department of Labor has implemented and revised federal regulations in SVP in order to direct the employment system within the United States.

SVP is a detailed classification system that structures the job requirements for all fields of employment. Jobs are grouped according to the amount of time that is necessary to achieve adequate performance within a position. SVP levels were designed to consider education level, work experience, training, and other specific skills that are obtained with the intent of gaining employment. The system takes into account the time that is required to learn techniques, acquire information, and develop specific job skills. Occupations are categorized according to five "job zones" that were formulated based on the level of required experience. Each zone contains the minimum and maximum amount of experience that is allowed for the listed occupations. The experience level is determined by combing the amount of time that was accumulated while obtaining an education, specific work related experience, and various job training. In order to meet the regulations, the advertised job requirements must fall somewhere in between the minimum and maximum range allotted by SVP. Specific information about the job zones will be provided at the end of this blog.

Continue reading "PERM Labor Certification Attorney Explains The Specific Vocational Preparation (SVP)" »

According to the latest United States Citizenship and Immigration Services (USCIS) count, released on August 27, there were 34,900 cap eligible petitions for the H-1B regular cap, and 13,000 cap eligible petitions for the H-1B Master's exemption filed. These numbers include all approved cases as well as the cases that are still pending and under review. The USCIS issues a total of 65,000 regular H-1B visas, and an additional 20,000 visas under the advanced degree exemption for foreign employees who possess a US master's degree or higher. Regular H-1B visas enable employers to hire foreign employees with a bachelor's degree or higher who work in specialty occupations, including business- and science-related fields.
The USCIS began accepting applications on April 1, and will continue to do so until limitations have been reached. After the cap limit is reached, applicants must wait for the next fiscal year to apply. In order to ensure the consideration of petitions, applicants must make sure the petition is properly filed by completing all sections of Form I-129, including proper payment with the application and submitting all necessary documentation at the time the petition is filed.